Katamneni Lalita Kumari v. Chilaparapu Satish

HON'BLE SRI JUSTICE R. SUBHASH REDDY CIVIL REVISION PETITION No.935 of 2015 ORDER :

This Civil Revision Petition, under Article 227 of the Constitution of India, is filed by the petitioner/plaintiff aggrieved by the order and decree dated 03.02.2015 in I.A.No.1087 of 2014 in O.S.No.91 of 2010 passed by the Senior Civil Judge, Nuzvid, Krishna District, allowing the application filed by the 1st respondent/3rd party under Order 1 Rule 10 of C.P.C., to direct the petitioner/plaintiff to add him as defendant No.7 and consequently to amend the plaint.

2. The petitioner/plaintiff filed the aforesaid suit for partition and separate possession of the suit schedule properties. In the said suit, the 1st respondent, who is a 3rd party, filed an application in I.A.No.1087 of 2014 seeking to add him as defendant No.7 in the suit, claiming an extent of Ac.0.60 cents in R.S.No.126/2 of Haveli, Mutyalampadu village of G.Konduru Mandal, having purchased the same by his father from one Challa Papa for a consideration of Rs.18,000/- in the year 1994. The said application was allowed by the Court below through the impugned order dated 3.2.2015. Hence, the present civil revision petition.

3. Heard learned counsel for the petitioner and perused the impugned order.

4. It is to be seen that the property covered by R.S.No.126/2 of Haveli, Mutyalampadu village of G.Konduru Mandal, is the subject matter of suit, in which the 1st respondent/3rd party is claiming a portion of the land. Therefore, in order to avoid multiplicity of proceedings, the Court below has rightly allowed the application filed by the 1st respondent/3rd party. In view of the reasons assigned by the Court below, I do not find any reason to interfere with the impugned order passed by the Court below.

5. For the aforesaid reasons, this civil revision petition is devoid of merits and is accordingly dismissed. As a sequel, miscellaneous petitions pending, if any, shall stand closed. No order as to costs.

____________________________ JUSTICE R. SUBHASH REDDY 13.03.2015.

Msr HON'BLE SRI JUSTICE R.SUBHASH REDDY CIVIL REVISION PETITION No.935 of 2015

13.03.2015 Msr